Page:United States Statutes at Large Volume 91.djvu/1627

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1593

deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. "(B) The Administrator may, if he determines (i) that any person Extension, who is a violator of, or any person who is otherwise not in compliance with, the time requirements under this Act or in any permit issued under this Act, has acted in good faith, and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance by the earliest possible date after July 1, 1977, but not later than April 1, 1979; (ii) that any extension under this provision will not result in the imposition of any additional controls on ^ "" * •' ^^ any other point or nonpoint source; (iii) that an application for a permit under section 402 of this Act was filed for such person prior 33 USC 1342. to December 31, 1974; and (iv) that the facilities necessary for compliance with such requirements are under construction, grant an extension of the date referred to in section 301(b)(1)(A) to a date which 33 USC 1311. will achieve compliance at the earliest time possible but not later than April 1, 1979. "(6) Whenever, on the basis of information available to him, the Administrator finds (A) that any person is in violation of section 301(b)(1)(A) or (C) of this Act, (B) that such person cannot meet the requirements for a time extension under section 301(i)(2) of this Act, and (C) that the most expeditious and appropriate means of compliance with this Act by such person is to discharge into a publicly owned treatment works, then, upon request of such person, the Administrator may issue an order requiring such person to comply with this Act at the earliest date practicable, but not later than July 1, 1983, by discharging into a publicly owned treatment works if such works concur with such order. Such order shall include a schedule of compliance.". MITIGATION COSTS

SEC. 57. Subsection (b) of section 311 of the Federal Water Pollution Control Act is amended by adding a new clause (v) to paragraph (2) (B) as follows: "(v) In addition to establishing a penalty for the discharge of a hazardous substance determined not to be removable pursuant to clauses (ii) through (iv) of this subparagraph, the Administrator may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such substance by the United States Government.".

Oil and hazardous substance liability. 33 USC 1321.

GILSPILL LIABILITY

SEC. 58. (a)(1) Section 311(b)(1) of the Federal Water Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976).". (2) Section 311(b)(2)(A) of the Federal Water Pollution Control Act as amended by inserting after "the contiguous zone" the following: "or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive

43 USC 1331 note. 33 USC 1501 note. 16 USC 1801 note.

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